Lewis, et al v. Russell, et al
Filing
528
STIPULATION and ORDER signed by Senior Judge William B. Shubb on 6/23/17, ORDERING that Robert Zehnder, as Personal Representative of Charles H. Lewis, is SUBSTITUTED as a party to this Action in place of Charles H. Lewis (Deceased) and Jane W. Le wis (Deceased) for purposes of the City's counter claims against Lewis only. The Estate of Charles H. Lewis (Deceased) is SUBSTITUTED as a party to this Action in place of Charles H. Lewis (Deceased) and Jane W. Lewis (Deceased) for purposes of the Non-Probate Parties' respective counter claims against Lewis only. (Kastilahn, A)
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JENNIFER HARTMAN KING (Bar No. 211313)
ALANNA C. LUNGREN (Bar No. 269668)
TYLER BOWLIN (Bar No. 305715)
KING WILLIAMS LLP
520 Capitol Mall, Suite 750
Sacramento, CA 95814
Telephone:
(916) 379-7530
Facsimile:
(916) 379-7535
JHartmanKing@KingWilliamsLaw.com
ALungren@KingWilliamsLaw.com
TBowlin@KingWilliamsLaw.com
BEST, BEST & KRIEGER LLP
HARRIET A. STEINER (Bar No. 109436)
500 Capitol Mall, Suite 1700
Sacramento, CA 95814
Telephone:
(916) 325-4000
Facsimile:
(916) 325-4010
Harriet.Steiner@bbklaw.com
Exempt From Filing Fees Pursuant To
Government Code Section 6103
Attorneys for Counter Claimant
CITY OF DAVIS
KING WILLIAMS LLP
520 CAPITOL MALL, SUITE 750
SACRAMENTO, CA 95814
TEL: (916) 379-7530 / FAX: (916) 379-7535
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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CHARLES H. LEWIS AND JANE W.
LEWIS,
v.
STIPULATION TO SUBSTITUTE
PARTY FOR CHARLES H. LEWIS
(DECEASED) AND JANE W. LEWIS
(DECEASED);
ROBERT D. RUSSELL, ET AL.,
[PROPOSED] ORDER
Plaintiffs,
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Case No.: CIV S-03-2646 WBS AC
Defendants,
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[Fed. R. Civ. P. 25, Cal. Prob. Code 9370
and Cal. Prob. Code 500 et seq.]
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AND RELATED COUNTER, CROSS AND
THIRD-PARTY CLAIMS.
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00015956.6
STIPULATION TO SUBSTITUTE PARTY FOR CHARLES H. LEWIS (DECEASED) AND JANE W. LEWIS (DECEASED);
[PROPOSED] ORDER
STIPULATION
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Counter Claimant City of Davis (the “City”) and Counter Defendants Charles H. Lewis
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(Deceased) and Jane W. Lewis (Deceased) (“Lewis”) (the City and Lewis are referred to
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collectively herein as the “Probate Parties”); Counter Claimants The Davis Center, LLC, Emily
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A. Stover, individually and as Trustee of the Stover Family Trust and as Personal Representative
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for Melvin Stover (Deceased), and Richard Albert Stinchfield, individually and as Trustee of the
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Robert S. Stinchfield Separate Real Property Trust and as Trustee of the Barbara Ellen Stinchfield
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Testamentary Trust (collectively, “Landowners”); and Counter Claimants Potter Taylor & Co.,
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Potter, Long, Adams & Taylor Ltd., Potter-Taylor & Scurfield, Inc., Potter-Taylor, Inc., and
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Davis Center (collectively, “Potter Taylor”) (the Landowners and Potter-Taylor are referred to
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collectively herein as the “Non-Probate Parties”), by and through their respective counsel, hereby
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stipulate as follows:
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WHEREAS, on or about December 2, 2008, Charles H. Lewis filed a Statement of Death
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in the above-captioned action (“Action”), suggesting upon the record the death of his wife, Jane
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W. Lewis (Docket No. 257);
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WHEREAS, upon Jane W. Lewis’s death, all claims against her in this action passed to
Charles H. Lewis pursuant to California Probate Code Sections 13550 et seq.;
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WHEREAS, on or about March 7, 2017, Charles H. Lewis’s counsel filed a Statement of
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Death in the Action, suggesting upon the record the death of Charles H. Lewis and Jane W. Lewis
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(Docket No. 518);
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WHEREAS, on May 22, 2017, the Superior Court of California for Yolo County duly
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appointed Robert Zehnder as Personal Representative of Charles H. Lewis in Case Number
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PB17-94;
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WHEREAS, on May 22, 2017, Robert Zehnder obtained Letters of Administration
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granting him, as Personal Representative, full authority to administer the Estate of Charles H.
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Lewis under the Independent Administration of Estates Act;
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WHEREAS, on May 25, 2017, the City filed and served a creditor’s claim regarding
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claims arising out of this Action against Charles H. Lewis, in compliance with Section 9390 of
00015956.6
-1STIPULATION TO SUBSTITUTE PARTY FOR CHARLES H. LEWIS (DECEASED) AND JANE W. LEWIS (DECEASED);
[PROPOSED] ORDER
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the California Probate Code;
WHEREAS, on June 1, 2017, Robert Zehnder, as Personal Representative of Charles H.
Lewis, notified the City of his rejection of the City’s above-referenced creditor’s claim;
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WHEREAS, Robert Zehnder, as Personal Representative of Charles H. Lewis, hereby
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acknowledges actual notice of this Action and subjects himself to the jurisdiction of this Court in
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this Action;
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WHEREAS, the Non-Probate Parties have not filed and served a creditor’s claim against
Charles H. Lewis pursuant to Section 9390 of the California Probate Code;
WHEREAS, the Probate Parties and the Non-Probate Parties have counter claims pending
in this Action against Lewis; and
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WHEREAS, Lewis dismissed with prejudice all claims previously asserted in the Action
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against the Probate Parties and the Non-Probate Parties on or about December 19, 2013 (Docket
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No. 469).
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NOW THEREFORE, the Probate and Non-Probate Parties hereby stipulate as follows:
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1. Robert Zehnder, as Personal Representative of Charles H. Lewis, is substituted as a
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party to this Action in place of Charles H. Lewis (Deceased) and Jane W. Lewis
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(Deceased) for purposes of the City’s counter claims against Lewis only.
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2. The Estate of Charles H. Lewis (Deceased) is substituted as a party to this Action in
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place of Charles H. Lewis (Deceased) and Jane W. Lewis (Deceased) for purposes of
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the Non-Probate Parties’ respective counter claims against Lewis only.
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Dated: June 23, 2017
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Respectfully submitted,
Schuering Zimmerman & Doyle, LLP
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/s/ Keith D. Chidlaw (as authorized on June 19, 2017) __
Keith Chidlaw
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Attorneys for Counter Defendants Charles H. Lewis
(Deceased) and Jane W. Lewis (Deceased), Robert Zehnder,
as Personal Representative of Charles H. Lewis, and Estate
of Charles H. Lewis (Deceased)
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00015956.6
-2-
STIPULATION TO SUBSTITUTE PARTY FOR CHARLES H. LEWIS (DECEASED) AND JANE W. LEWIS (DECEASED);
[PROPOSED] ORDER
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Dated: June 23, 2017
Respectfully submitted,
King Williams LLP
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/s/ Jennifer Hartman King_________________
Jennifer Hartman King
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Attorneys for Counter Claimant City of Davis
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Dated: June 23, 2017
Respectfully submitted,
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KOELLER, NEBEKER, CARLSON & HALUCK, LLP
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/s/ Peter Dye (as authorized on June 22, 2017) ______
Peter Dye
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Attorneys for Counter Claimants The Davis Center, LLC;
Emily A. Stover, individually and as Trustee of the Stover
Family Trust and as Personal Representative for Melvin
Stover (Deceased); and Richard Albert Stinchfield,
individually and as Trustee of the Robert S. Stinchfield
Separate Real Property Trust and as Trustee of the Barbara
Ellen Stinchfield Testamentary Trust
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Dated: June 23, 2017
Respectfully submitted,
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Law Offices of Francis M. Goldsberry
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/s/ Francis M. Goldsberry (as authorized on June 19, 2017)
Francis M. Goldsberry III
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Attorneys for Counter Claimants Potter-Taylor & Co.;
Potter, Long, Adams & Taylor, Ltd.; Davis Center; PotterTaylor, Inc. and Potter Taylor & Scurfield, Inc.
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ORDER
Pursuant to the foregoing Stipulation,
IT IS SO ORDERED.
Dated: June 23, 2017
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00015956.6
-3-
STIPULATION TO SUBSTITUTE PARTY FOR CHARLES H. LEWIS (DECEASED) AND JANE W. LEWIS (DECEASED);
[PROPOSED] ORDER
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